Ask a real estate pro: How can I make my ex hand over home sale proceeds?

Board-certified real estate attorney Gary M. Singer answers housing questions in this space each Friday. To ask him a question about short sales, mortgages, refinancing, homeowner's associations or any other residential real estate topic, click here.

Q: My divorce agreement states that my ex owes me money when she sells the house, but she is selling it and does not want to give me any of the proceeds. What can I do? – Frederick

A: You have two protections. First, the divorce agreement is an enforceable contract that binds the two ex-spouses to its terms. You can go back to divorce court and ask the judge to order your ex to pay you what she owes. Second, most divorce judgments are a matter of public record, and your divorce should be found by the title company while it does the title search. Typically, the title agent will ask your wife for the agreement and make sure that you are in the loop and receive the money. If you know what closing agent she is using, you should reach out to the title company and make sure this happens.

Q: We never used a real estate agent before. Why can’t the listing agent also be the selling agent and why should we sign a written agreement with the agent? – Sandi

A: All of the terms thrown around in real estate can be confusing. To make it clear, the “selling agent” is the buyer’s representative and the “listing agent” is the seller’s representative. It is the real estate agent’s job to be your representative and look out for your best interest. If both the buyer and seller are represented by the same agent, there is an inherent conflict of interest by one agent representing both sides of the deal. Still, all of the parties can agree to waive this conflict of interest. The agent would then become the “transaction agent,” and he or she would not be able to look out for one of the parties above the other. In certain situations, this can be a useful and workable solution, but it is important that both the buyer and the seller are fully aware of the changes that this type of relationship entails. Whenever you enter into a large transaction, or hire someone to represent you, it is important that you have a written agreement as to the terms so that everyone is on the same page, has the same expectations and understands their rights and responsibilities. A written agreement goes a long way toward making sure that the transaction is a success.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed, nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.